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-6- <br /> NOV C-84-084 <br /> B. Seriousness: <br /> It is likely that some damage occurred to natural resources as a <br /> result of this untreated discharge. The primary kinds of damage <br /> include minor topsoil contamination and an unquantifiable <br /> contribution of sediment to Dutch Creek. While the duration of <br /> this violation was not long after discovery, it was a continuous <br /> discharge and therefore significant. The likely extent of the <br /> damage was small given high background levels of total suspended <br /> solids in receiving streams and relatively minor ground surface <br /> areas which were contaminated by coal waste. $1 ,400.00 is assessed <br /> for seriousness. <br /> C. Fault: <br /> Little fault can be assigned to the operator for the discharge of <br /> untreated water from the Mine No. 2 mantrip pad into the clean <br /> water diversion ditch. However, the discharge could have been <br /> avoided with careful anticipation of drainage problems associated <br /> with large amounts of snowfall . <br /> The operator was much more negligent for allowing contaminated <br /> water from the Mine No. 2 bin pad to enter the clean water <br /> diversion ditch. This should have been avoided with a berm which <br /> is called for in the approved permit. In addition, a culvert was <br /> placed in a location not authorized in the permit, which resulted <br /> in the untreated water being directed toward Dutch Creek. $600.00 <br /> is assessed for fault. <br /> D. Duration of Violation: <br /> The inspector recommended an assessment for each six days of <br /> violation. Facts which emerged during the conference do not <br /> support this conclusion. The operator was informed of the <br /> violation on May 22, and the violation as noted was abated by May <br /> 23. The actual written Cessation Order was not issued by the <br /> inspector until May 24, 1984. A civil penalty is assessed for one <br /> day of violation. <br /> E. Good Faith: <br /> The operator was notified that a violation would be issued on May <br /> 22. The drainage configuration was redirected that same day so <br /> that the untreated water was passing to sediment control ponds. By <br /> the next day a flocculation system was in operation at the sediment <br /> ponds which was effectively treating the additional in-flow of <br /> affected water. $400.00 for good faith shown by the operator is <br /> awarded. <br /> F. Total °Assessment: <br /> The total civil penalty assessment for this violation is $1 ,650.00. <br />